NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE - PICUM UNDOCUMENTED MIGRANTS
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NAVIGATING IRREGULARITY:
THE IMPACT OF GROWING UP
UNDOCUMENTED IN EUROPE
PICUM
PLATFORM FOR INTERNATIONAL COOPERATION ON
UNDOCUMENTED MIGRANTS
This report was written by Laetitia Van der Vennet, Advocacy Officer, Roos-Marie van den Bogaard, Junior Advocacy
Officer, and Michele LeVoy, Director, of PICUM - the Platform for International Cooperation on Undocumented
Migrants.
PICUM extends its sincere thanks to all PICUM members who contributed to this report, and to PICUM Advocacy
Trainees Emer Connor and Saskia Basa for their support.
PICUM
PLATFORM FOR INTERNATIONAL COOPERATION ON
UNDOCUMENTED MIGRANTS
This publication was made possible with kind support from:
This publication has received financial support from
the European Union Programme for Employment
and Social Innovation “EaSI” (2014-2020).
For further information please consult:
http://ec.europa.eu/social/easi
The information contained in this publication does not necessarily reflect the official position of the European Commission.
© PICUM, March 2021NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE
CONTENTS
EXECUTIVE SUMMARY............................................................................................................................................................................ 3
INTRODUCTION...................................................................................................................................................................................................8
INVISIBLE CHILDREN.................................................................................................................................................................................. 9
A plethora of experiences.......................................................................................................9
A dearth of data......................................................................................................................10
AREAS IMPACTED BY A CHILD’S RESIDENCE STATUS............................................................................ 11
BOX 1 Notes on resilience.................................................................................................................................................11
Housing, inadequate housing and homelessness...........................................................12
A definition of homelessness...................................................................................................... 12
Against the odds............................................................................................................................ 12
The impact of housing.................................................................................................................. 13
BOX 2 Homeless in France.............................................................................................................................................. 14
Access to services..................................................................................................................16
BOX 3 Promising policies and practices ............................................................................................................... 17
Income and socio-economic status ..................................................................................18
BOX 4 Access to food during the COVID-19 pandemic in Spain........................................................... 20
Residence procedures and immigration enforcement, including detention ........... 20
Long, complex and potentially traumatic procedures.............................................................21
BOX 5 Children with resignation syndrome in Sweden ............................................................................ 22
Impact of immigration detention................................................................................................22
BOX 6 Detention of children in Europe ................................................................................................................. 23
Fear of the police and the spill-over effect of repressive policies ........................................23
1School life and feeling supported...................................................................................... 24
The role of school life...................................................................................................................24
Transitioning in and out of school life........................................................................................25
A false start....................................................................................................................................26
Considerations about undocumented school-going children................................................26
Family life and secure attachment .....................................................................................27
Life-time benefits of a strong parent-child relationship.........................................................27
Impact of undocumented status on family dynamics.............................................................28
Impact of family separation.........................................................................................................29
Role reversal..................................................................................................................................29
CONCLUSION: NAVIGATING IRREGULARITY AND FINDING
DURABLE SOLUTIONS..........................................................................................................................................................................30
BOX 7 Durable solutions for undocumented children................................................................................ 31
RECOMMENDATIONS.............................................................................................................................................................................. 32
2NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE
EXECUTIVE SUMMARY
Undocumented children are part of our communities stable, quality housing to their children, they are often
and share the hopes and dreams of any other children. unable to offer them the same housing conditions
Yet, due to their irregular residence status, their lives as other parents.2 They often lack income or face
and the lives of their families are characterized by discrimination on the housing market. Homeowners
uncertainty and instability across many different who rent to undocumented migrants may be
areas. This paper focusses on six areas impacted criminalised and homeless shelters may exclude
by their irregular residence status: housing, access undocumented migrants because of their irregular
to services, income and socio-economic status, status. For many undocumented parents, the only
residence procedures ad immigration enforcement option is paying high rents to live in inadequate,
(including detention), school life, and family life. unsafe, housing.3
These are the areas in which children are either most
invisible, or the areas central to children’s lives. Inadequate housing harms a child’s health, both on
the short and long term, because children’s bodies
There is no reliable estimate of the number of are constantly developing during childhood and
undocumented children in Europe, although national- adolescence, and because they typically spend more
level estimates exist and some EU-wide data on time indoors and closer to the floor than adults.4
subsets exist. While there are many undocumented Children’s risk of ill-health and disability increases
children who are “unaccompanied”, most live with their by up to 25 percent during childhood and early
parent(s). Many were born or have lived in Europe for adulthood when they experience multiple housing
several years: 68 percent of undocumented children problems.5 Mental health problems are also more
whose parents were surveyed in Ireland, were born prevalent among homeless children than among their
there, for instance.1 non-homeless peers. Nearly half of the homeless
migrant children surveyed in Paris said they “don’t
feel safe” or “don’t feel safe at all.”6 A child’s housing
Housing
situation impacts their education: homeless children
Where children live affects their present and future, have lower levels of academic achievement that
but a child’s housing situation depends to a large cannot be explained by differences in ability.7 A child’s
extent on their parents’ or other people’s abilities housing situation also impacts their social life and
to secure quality, safe and secure housing. While their ability to make lasting friendships and maintain
undocumented parents do their utmost to provide social networks.8
1 Migrant Rights Centre Ireland, 2020, “We live here, we work here. We belong here.” A survey of over 1,000 undocumented people
in Ireland.
2 See for instance in Bloch A., Sigona N. & Zetter R., 2014, No Right to Dream: the social and economic lives of young
undocumented migrants in Britain, Paul Hamlyn Foundation.
3 This has been observed numerous times in numerous countries. E.g. Harrison M., Law I., and Phillips D., 2005, Migrants,
Minorities and Housing: Exclusion, Discrimination and Anti-discrismination in 15 Member States of the European Union,
European Monitoring Centre on Racism and Xenophobia; DW, 29 January 2020, Migrants face housing discrimination in
Germany [checked on 26 March 2020]; RTE, 15 August 2019, Migrants face discrimination in rental housing market – Charity
[checked on 26 March 2020].
4 For instance, Oudin A., Richter J.C., Taj T., et al., 2016, Poor housing conditions in association with child health in a
disadvantaged immigrant population: a cross-sectional study in Rosengård, Malmö, Sweden. BMJ Open
5 Such as bad housing conditions, overcrowding, etc. Harker L., 2006, Chance of a lifetime: The impact of bad housing on
children’s lives, Shelter
6 Refugee Rights Europe, 2018, Still on the Streets : Documenting the situation for refugees and displaced people in Paris, France
7 Harker L., 2006, Chance of a lifetime: The impact of bad housing on children’s lives, Shelter.
8 European Federation of National Organisations Working with the Homeless (FEANTSA), 2007, Child Homelessness in Europe
– an Overview of Emerging Trends.
3Access to services Undocumented workers that were apprehended in
Spain in the fall of 2020 earned two euro per hour,
Although child rights are applicable to all children, one third of the mandatory minimum wage.14
irrespective of their residence status, undocumented
children have limited access to social services. Income is a key social determinant of health and
This includes access to education, access to health inextricably linked to children’s well-being and life
care, early childhood education and care and chances: it affects the community in which they live,
protection when they are a victim of crime.9 When the quality of life, the food available to them, the type
service providers report undocumented migrants’ of housing they live in and the sense of security they
personal data to immigration enforcement entities experience. Undocumented children living in poverty
(in the absence of “firewalls”10 that would prevent often go hungry or eat a poor diet and families face
such reporting of irregular status), or when a family challenges in offering decent shoes and clothing,
has mixed migration statuses, undocumented necessary school supplies, internet at home, toys
children and parents hesitate to reach out and seek or even essentials like shower gel and shampoo.15
(necessary) help. Yet unlike other families that live in poverty,
undocumented parents are not eligible for support
such as unemployment assistance or minimum
Income and socio-economic status
income in any of the EU member states.16
There is little to no data on the income of undocumented
households and the risk, or the level, of poverty they Many undocumented children and young people grow
face. However, migrants overall face poverty and social up in a context where there is chronic or toxic stress17
exclusion at a higher level than citizens,11 and irregular due to an accumulation of problems such as poverty,
migration status relegates undocumented workers to debt, social isolation and uncertainty about the future.
the informal economy, where they are systematically Experiencing chronic or toxic stress as a child can
underpaid and exploited.12 One 2011 survey of 170 lead to high risk of cardiovascular disease, cancers,
undocumented persons in Belgium showed that half asthma, and depression when they are adults18, and
had an income of less than 145 euros per month.13 even a temporary drop in cognitive functioning.19
9 PICUM, 2018[2015], Protecting undocumented children: Promising policies and practices from governments; European Union
Agency for Fundamental Rights, 2011, Fundamental rights of migrants in an irregular situation in the European Union.
10 PICUM, 2020, Data Protection and the “Firewall”: Advancing the right to health for people in an irregular situation; PICUM, 2020,
Creating safe spaces, addressing health inequalities; PICUM, n.d., Why a Firewall?.
11 EUROSTAT data from 2019 confirms that there is a 39 percent risk among migrants to find themselves in conditions of
poverty or social exclusion, compared to a 19.5 percent risk among EU natives. See: European Commission, 2020, Action
Plan on Integration and Inclusion 2021-2027. See also Eurostat, Migrant integration statistics - at risk of poverty and social
exclusion.
12 For more on undocumented workers, see a.o. PICUM, 2020, A Worker is a Worker: How to ensure that undocumented migrant
workers can access justice; PICUM, 2020, PICUM key messages and recommendations on human trafficking.
13 Schockaert I., I. Nicaise I., 2011, De leefomstandinghen van dak – En thuislozen en van mensen zonder wettelijke
verblijfsvergunning: eerste resultaten, HIVA.
14 BBC, 12 December 2020, Spanish police rescue 21 ‘exploited’ migrant workers from warehouse [checked on 18 January
2021]; EuroWeeklyNews, 4 February 2020, Minimum wage in Spain is officially increased to €950 per month [checked on 29
December 2020].
15 Undocumented teenagers in the Netherlands listed these items themselves. Kromhout M., Reijersen van Buuren A.,
Kloppenburg R., van Doorn L. & van Os C., 2014, Kinderen buiten beeld. Een onderzoek naar de woon- en leefsituatie van
ongedocumenteerrde kinderen, Hogeschool van Utrecht, Defence for Children and Stichting LOS.
16 PICUM, forthcoming, Designing labour migration policies to promote decent work.
17 The term ‘chronic’ stress comes from the medical world and denotes “a constant stress experienced over a prolonged period
of time, [which] can contribute to long-term problems for heart and blood vessels.” The term ‘toxic stress’ comes from the
Adverse Childhood Experiences research and “alters the developing brain and gives rise to diseases, both physical and mental.
Stress hormones such as cortisol and adrenaline shut down areas of the brain as a defence against uncontrollable feelings related
to fear. Toxic stress is of a different order to ordinary stress in that it is persistent and systemic, the child has no control over
their situation and nothing they can do will make a difference, they are powerless to change the situation and it is a more or less
permanent situation.” Source: Cunnane D., 13 March 2018, Toxic stress vs chronic stress – what is the difference?, Our Time’s
views. For more about the Adverse Childhood Experiences research, see www.cdc.gov/violenceprevention/aces/.
18 Johnson S., Riley A., Granger D. & Riis J., 2013, The Science of Early Life Toxic Stress for Pediatric Practice and Advocacy,
Pediatrics, 131 (2) 319-327.
19 Kelly-Princeton M, 30 August 2013, Poverty does bad things to your brain, Futurity [checked 18 January 2021]; Mani A.,
Mullainathan S., Shafir E. & Zhao J., 2013, Poverty Impedes Cognitive Function, Science 341, 976-980.
4NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE
Formal and informal support networks are important professionals have documented cases of resignation
to bridge gaps and take care of basic needs, including syndrome where undocumented children end up in
food banks and informal food parcel systems. an unresponsive state.21
Immigration detention also has shown to be harmful.
Residence procedures and immigration
Studies22 have documented that detained adults and
enforcement, including detention
children have higher levels of mental health problems
Thousands of children – both accompanied and than people who are not detained. The longer they
unaccompanied – across Europe are involved in were detained, the more they suffered. One reason
residence procedures.20 While the interaction between for the harm of detention is the lack of agency: being
unaccompanied children and immigration authorities able to do something and protect oneself helps
is often recognized by policy makers and civil society, prevent a horrible experience from having long-lasting
there is less awareness and understanding of the psychological scars.23 International human rights and
degree to which undocumented children in families child rights bodies24 have all recommended children
interact with immigration authorities. When no never be detained for migration purposes.
interpreter is available and parents do not know the
country’s language, but their school-age children do, Many undocumented children, including those who
children are tasked with translating letters for their are very young, fear the police because they fear
parents or accompanying them during residence being arrested, detained and deported.
permit interviews, visits to the family’s lawyer or social
and health services.
School life and feeling supported
Being the family’s guide or interpreter can empower A child‘s school experience is formative beyond the
the child, but it can also harm them when too much is purely educational. The school environment functions
asked of them, when they hear their parents’ traumatic as a mediating factor in their life, providing a social
experiences or witness them in distress, or when they safety net or ‘protective layer’ around them, while
are forced to be the messenger of very difficult news: a they navigate other challenges in their day-to-day.
negative decision concerning a request for protection Enabling undocumented children access to education,
or other status or an order to leave the territory. including early childhood education and care, extra-
curricular activities and internships, is therefore key
Going through residence procedures is a nerve- to nurturing a child’s resilience and a safe and secure
wracking experience, for adults and children alike, future.
and telling the story over and over can retraumatize
them. And, when the residence application is denied, However, the often implicit rather than explicit
the person’s mental health greatly deteriorates. inclusion of undocumented children in countries’
Sometimes, children simply give up. Swedish medical education-related laws, causes undocumented
20 For EU-wide data on children in asylum and migration procedures, see Eurostat dataset “Children in migration (mci)”.
21 Bodegard G., 2007, Pervasive loss of function in asylum-seeking children in Sweden ; Joelsson L., Dohlin K., 2005, The asylum
seeking process a breeding ground for apathy among certain children. A negative answer concerning the residence permit is
often a triggering factor, Lakartidningen, 102 (48), 3646-50; Bodegard G., 2004, Case reports of devitalization because of
depression. Refugee children seeking asylum develop life-threatening losses of function, Lakartidningen, 101(19), 1696-9.
22 Amongst others Lorek A., Ehntholt K., Nesbitt A., Wey E., Githinji C., Rossor E. & Wickramasinghe R., 2009, The mental and
physical health difficulties of children held within a British immigration detention centre: A pilot study, Child Abuse & Neglect
33 (9), 573-585; Australian Human Rights Commission, 2014, The Forgotten Children: National Inquiry into Children in
Immigration Detention; Von Werthern M., Robjant K., Chui Z., Schon R., Ottisova L., Mason C., Katona C., 2018, The impact of
immigration detention on mental health: a systematic review, BMC Psychiatry, 382, n.p.
23 van der Kolk B., 2014, The Body Keeps the Score. Mind, Brain and Body in the Transformation of Trauma, Penguin Books.
24 Among others: Health Professionals Against Immigration Detention, 2016, Open letter from health professionals against
immigration detention, The Lancet, 388 (100559), 2473-2474; by the EU Court on Human Rights (Popov v. France App no
39472/07 and 39474/07 (ECtHR, 19 January 2012); Muskhadzhiyeva and Others v. Belgium App no 41442/07 (ECtHR 19
January 2010); Kanagaratnam and Others v. Belgium App no 15297/09 (ECtHR 13 December 2011).); UN Committee on the
Protection of the Rights of All Migrant Workers and Members of their Families, 2017, Joint general comment No. 4 (2017)
of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the
Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international
migration in countries of origin, transit, destination and return.
5children to be excluded from (part of) the education success and resilience later in life. Experiencing love
system.25 They may not be able to enrol or not be able and safety protects the child’s mental health, as social
to participate fully. support is the most effective protection mechanism
against trauma and stress.29 Reversely, long-term
They may also start on an unequal footing. Children deprivation of a child from their primary caregiver
raised in poverty, as many undocumented children (because part of the family is detained, for example)
are, are likely to have a disadvantage in the formal is likely to cause cognitive, emotional and social
education system before even starting school.26 damage.30
School holidays come with additional challenges for
them as well: meals and leisure activities that are For undocumented parents, managing the day-to-day
usually covered at school need to be covered by the difficulties caused by their residence status and/or
parents on top of the usual household expenses, experiencing discrimination can force them to be less
and a child’s mental health may worsen due to available for interaction with their children than they
the increased financial pressure on the family.27 would want, or their children need. This in turn can
Economically-precarious children may also be more cause stress to the child since their primary source
likely to experience ‘learning loss’ over the holidays of comfort and consolation feels absent. Growing up
than their peers. 28 in a chronically-stressed family can result in higher
cortisol levels, which can cause the development of
Residence procedures also impact undocumented physical and behavioural problems like anxiety and
children’s education, for example when they (have to) depression.31
attend interviews or go to the immigration authorities
for other procedural reasons. This also happens when In some families, a change in parent-child role
interpreters are unavailable and parents do not speak relations occurs, with children taking up roles that
the country’s language well, but their school-age are usually filled by parents.32 This ‘parentification’ of
children do. the child can adversely affect their socio-emotional
development and mental health if the demands
placed on them exceed their capacity to comply.
Family life and secure attachment
However, shouldering family responsibilities that are
Children who grow up in a warm, loving family, with within their developmental capacities may lead to
secure attachment to their primary caregiver, will be more self-reliance and competence.33
able to use this experience as a strong foundation for
25 European Union Agency for Fundamental Rights, 2011, Fundamental rights of migrants in an irregular situation in
the European Union and PICUM, 2018 [2015], Protecting undocumented children: Promising policies and practices from
governments.
26 Higgings S., Coe R., & Gorard S., 5 December 2014, How to improve the chances of poor children at school, The
Conversation [checked on 18 January 2021]. See Platt L., 3 December 2014, Parents’ fortunes matter for cognitive
development of 11-year-olds, The Conversation [checked on 18 January 2021] for the impact of parent’s income on a child’s
cognitive development.
27 Morgan K., Moore G., 4 April 2019, Poorer children’s summer holiday experiences linked with worse mental well-being, The
Conversation [checked on 18 January 2021].
28 Shinwell J., Defeyter M.A., 2017, Investigation of Summer Learning Loss in the UK – Implications for Holiday Club Provision,
Frontiers in Public Health, 5 (270).
29 van der Kolk B., 2014, The Body Keeps the Score. Mind, Brain and Body in the Transformation of Trauma, Penguin Books.
30 McLeod S., 2017, Bowlby’s Attachment Theory, Simply Psychology.
31 Ashman, Dawson, Panagiotides, Yamada, & Wilkins, 2002; Gershoff et al., 2007; Lupien, King, Meaney, & McEwen, 2000
in: H. Yoshikawa and A. Kalil, The Effects of Parental Undocumented Status on the Developmental Contexts of Young Children
in Immigrant Families 2011; Lupien S.J., King S., Meaney M.J., & McEwen B.S, 2000, Child’s Stress Hormone Levels Correlate
with Mother’s Socioeconomic Status and Depressive State, Biological Psychiatry, 48(10), 976-980; Concordia University, 2011,
Behavioural problems linked to cortisol levels: Study finds intervention needed as soon as behavioural problems appear, Science
Daily.
32 Heath H., 2006, Parenting: a relationship-oriented and competency-based process, Child Welfare, 85(5), 749-766, in Ahmad Ali
M., 2008, Loss of Parenting Self-efficacy among Immigrant Parents, Contemporary Issues in Early Childhood, 9 (2), 148-160 2.
33 Macfie, J., Brumariu, L. E., & Lyons-Ruth, K., 2015, Parent–child role-confusion: A critical review of an emerging concept,
Developmental Review, 36, 34–57.
6NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE
Conclusion: navigating irregularity and find- An irregular residence status does not provide children
ing durable solutions with the safe and secure foundation they need to
thrive as children and as adults. The fact that many
While no undocumented child is alike, many have undocumented children grow up to be intelligent and
lived through several potentially traumatic events. responsible young people and adults who want to
The significance of experiencing trauma cannot be contribute to the communities they live in speaks to
understated: it divides the world into those who their own resilience and their parents’ parenting skills.
experienced the trauma and can understand them,
and those who did not, cannot understand them and All children can reach their potential and be resourceful
cannot be trusted. 34 That includes service providers, and adaptable once they are given the resources and
immigration officials and others who may want to help environment needed to thrive and self-actualise in.
them. However, undocumented children and young people
cannot reach their full potential until they have a
An important mitigating factor when experiencing secure residence status. This is why it is important
potentially traumatic events is agency – being able to for governments to develop and integrate best
do something about the situation. But because they interests procedures that result in a durable solution
are children, and because as migrants they are mostly that is in the best interests of the child in national
dependent on decisions made by others,35 their law, foresee in-country residence procedures based
agency is more limited. on child rights, and ensure full access to services for
undocumented children.
34 van der Kolk B., 2014, The Body Keeps the Score. Mind, Brain and Body in the Transformation of Trauma, Penguin Books.
35 For instance, immigration officials, but also landlords, social service providers, etc.
7INTRODUCTION
Undocumented children are part of our communities. While there are many different facets of a child’s
They have the same dreams for a fulfilling future life and environment that are impacted by their
their peers have. Yet due to their irregular residence residence status, this paper focusses on the following
status, their lives and the lives of their families areas: housing, access to services, income and
are characterized by uncertainty and instability socio-economic status, residence procedures and
across many different areas, including in housing, immigration enforcement (including detention),
employment, and their physical and emotional well- school life, and family life. The report concludes with
being.36 recommendations to local, national, regional and
global policy makers.
While previous PICUM publications have collected
the voices of undocumented youth themselves,37
looked at the rights undocumented children have in
different countries38 and outlined positive policies
and practices rolled out by local, regional, national
and European governments, 39 this report takes a
different approach. The aim of this report is to take
step back and analyse how undocumented children’s
daily lives are impacted by their residence status, how
that impacts their well-being and development, and
which policy changes might therefore be necessary.
36 Gonzales R.G., 2016, Lives in Limbo. Undocumented and coming of age in America, University of California Press, p. 9.
37 PICUM, 2016, Hear our Voices: Undocumented Children and Young People Share their Stories.
38 PICUM, 2018 [2015], Protecting undocumented children: Promising policies and practices from governments; PICUM, 2016,
Undocumented migrants and the Europe 2020 Strategy: Making social inclusion a reality for all migrants in Germany; PICUM,
OHCHR, Universidad Nacional de Lanus and UNICEF, 2013, Human Rights of Undocumented Adolescents and Youth; PICUM,
2013, Access to early childhood education and care for undocumented children in Europe; PICUM, 2013, Access to internships &
formal certification for undocumented young people in Europe; PICUM, 2013, Realising the rights of children and families in an
irregular migration situation; PICUM, 2013, Children First and Foremost.
39 PICUM, 2018 [2015], Protecting undocumented children: Promising policies and practices from governments; PICUM, 2019,
Durable Solutions and the Best Interests of the Child in the Context of Return Processes.
8NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE
INVISIBLE CHILDREN
Undocumented children do not have a secure Undocumented children living with their families may
residence status in the country they live in. They may not know they are undocumented, as their parents
have been born in that country to undocumented may want to protect them from the worries, stress
parents, come to the country with (or without) and uncertainty of being undocumented.43 Others are
their parents or caregivers and either never had acutely aware of their situation, as their parents may
a residence status or lost it at some point, or been have told them at an early age or may rely on them44
born stateless.40 Children with an insecure residence to navigate migration procedures and social services.
status, i.e. a temporary residence status, are at risk Other children become acutely aware of their status
of becoming undocumented unless that residence when they or their parent(s) are apprehended or
status becomes a durable one. detained.
Once the child understands that they are
A plethora of experiences undocumented, they realise they will not have the
same chances or future as their citizen classmates
There are as many different experiences as there are and friends. Although they often keep it secret from
undocumented children. Yet, we can identify some friends and teachers, being undocumented – and
groups of children who share some similarities. becoming documented – becomes a central aspect of
their life and identity.45 As a twelve-year-old boy says,
Most undocumented children live with their parent(s) “Sometimes I think about what it would be like to have a
and live relatively settled lives. A 2020 survey of residence permit. I think about that every day.”46
1,000 undocumented people living in Ireland found
that 75.5 percent had lived in Ireland for more than While most undocumented children live with their
five years.41 Of the 185 children whose parents were parents, some live without any (adult) family members
surveyed, 68 percent were born in Ireland. Similarly, (termed “an unaccompanied child”) or are living with
of 29 undocumented children interviewed in The family members who are not their legal guardians (a
Netherlands, 26 had been in the country for more so-called “separated child”). This distinction between
than four years and 16 were born there.42 unaccompanied and separated children is not a legal
one,47 but shows the different situations children can
40 For more on stateless children, see European Network on Statelessness, Child Circle, PICUM and the Initiative for
Children in Migration, 2020, No child should be stateless: Ensuring the right to a nationality for children in migration in Europe.
41 Migrant Rights Centre Ireland, 2020, “We live here, we work here. We belong here.” A survey of over 1,000 undocumented people
in Ireland.
42 Kromhout M., Reijersen van Buuren A. Kloppenburg R., van Doorn L. & van Os C., 2014, Kinderen buiten beeld. Een
onderzoek naar de woon- en leefsituatie van ongedocumenteerrde kinderen, Hogeschool van Utrecht, Defence for Children
and Stichting LOS.
43 Gonzales R.G., 2016, Lives in Limbo. Undocumented and coming of age in America, University of California Press.
44 The latter is often the case when parents are illiterate or do not speak the country’s lingua franca well enough to access
services or navigate residence procedures and therefore rely on their (school-age) children to inform and accompany
them.
45 Gonzales R.G., 2016, Lives in Limbo. Undocumented and coming of age in America, University of California Press; Kromhout
M., Reijersen van Buuren A., Kloppenburg R., van Doorn L. & van Os C., 2014, Kinderen buiten beeld. Een onderzoek naar de
woon- en leefsituatie van ongedocumenteerrde kinderen, Hogeschool van Utrecht, Defence for Children and Stichting LOS.
46 Kromhout M., Reijersen van Buuren A., Kloppenburg R., van Doorn L. & van Os C., 2014, Kinderen buiten beeld. Een
onderzoek naar de woon- en leefsituatie van ongedocumenteerrde kinderen, Hogeschool van Utrecht, Defence for Children
and Stichting LOS, p. 51.
47 The EU legal framework does not make this distinction, as both unaccompanied and separated children fall under the
definition in article 2 of the Recast Qualification Directive: “‘unaccompanied minor’: a minor who arrives on the territory
of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member
State concerned, and for as long as he or she is not effectively taken into the care of such a person; it includes a minor who is left
unaccompanied after he or she has entered the territory of the Member States.”
9find themselves in. A guardian should be appointed to is no current reliable estimate of undocumented
them by the government to assist and support them, migrants in the EU50). Some national level attempts
safeguard their best interests and well-being and help have been made to give a credible estimate to the
secure a durable solution.48 numbers of undocumented children on the national
level. For instance, between 190,000 and 241,000
Unaccompanied or separated children may live in a undocumented children are estimated to live in the
state institution with other unaccompanied children, UK, with most of them based in London.51
in a foster family or be homeless, depending on the
country they live in and their individual situation. The only official, EU-wide data on undocumented
While being in state care does award a certain level of people concerns either arrests, the issuing of orders
protection, the least of which is being housed, it does to leave the territory or (forced) returns.52 All of these
not mean the child has a secure residence status. A 2019 give an incomplete image, and most are not age
investigation by El País, for example, unearthed that disaggregated. However, over the past decade, around
nearly 10,000 of the 12,300 unaccompanied children in ten percent of the people EU Member States reported
state care at the time did not have a residence status, to Eurostat to have been found irregularly present
even though the law entitled it to them.49 on their territory were children (see table 1).53 Even
though this number only represents people who were
apprehended, and thus cannot give a real indication
A dearth of data of how many undocumented people or children live in
the EU, it does show that several tens of thousands of
There is no reliable estimate of the number of undocumented children come into contact with state
undocumented children in Europe (likewise, there officials, especially police, each year.
TABLE 1. Number and proportion of children found to be irregularly present on the territory (EU28)
[migre-EIPRE]
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
People found
irregularly present 508,850 474,690 443,425 452,270 672,215 2,155,485 983,935 618,730 600,025 650,175
– EU 28 (total)
Children (under 18)
found irregularly 41,755 35,505 38,700 42,235 89,875 230,520 161,400 79,335 57,275 59,005
present - EU 28
Proportion of
children – EU 28 8.2% 7.5% 8.7% 9.3% 13.4% 10.7% 16.4% 12.8% 9.5% 9%
(own calculation)
48 A durable solution is a living situation that protects the long-term best interests and welfare of the child and is sustainable
and secure from that perspective. The outcome should include a secure residence status and ensure that the child is
able to develop into adulthood, in an environment which will meet their needs and fulfil their rights as defined by the
Convention on the Rights of the Child and will not put the child at risk of persecution or serious harm. A durable solution
may involve integration in the country of residence, or resettlement or reunification with family members in the country of
origin or in a third country. For more information about durable solutions, visit www.picum.org/durable-solutions.
49 El País, 19 Nov 2019, España mantiene sin papeles a casi 10.000 menores inmigrantes tutelados [checked on 22 December
2020].
50 In 2008, between 1.9 and 3.8 million irregular migrants were estimated to reside in the EU; most arrived through regular
channels – with a permit to study or work, to seek family reunification or to seek asylum – and later lost that status.
Source: European Commission, 2009, Clandestino Project Final Report.
51 Joly A., Thomas S.N. & Stanyer J., 2020, London’s children and young people who are not British citizens: A profile, University of
Wolverhampton and Greater London Authority.
52 See Eurostat datasets on Asylum and Managed Migration. Please note that the dataset on voluntary returns (migr_eirt_
vol) does not include the people who leave on their own accord/outside of assisted voluntary return programmes.
53 Eurostat, Third country nationals found to be illegally present - annual data (rounded)[migr_eipre] [checked on 1 December
2020].
10NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE
AREAS IMPACTED BY A CHILD’S
RESIDENCE STATUS
While numerous areas of a child’s life and environment covered in this report, such as their age or stage of
are impacted by their irregular residence status, our development, gender identity or sexual orientation,
focus is on those in which children are most often prevalent gender roles, intergenerational trauma
invisible, such as housing and residence procedures, transfer, the city or country they live in, and language
or that are central aspects of their lives, such as the proficiency, to name a few.
family unit and education.
The insights on the following sections are from
Several aspects are often impacted at the same time. researchers, practitioners, parents, children and
For instance, one study on undocumented children young people themselves, or – quite often – surveys
in Amsterdam, The Netherlands, found that eleven filled in when accessing health care services provided
percent of the undocumented children included by NGOs. There is little to no quantitative research that
in the study did not attend school, 17 percent were looks at the aspects of undocumented children’s lives
not vaccinated, 83 percent did not have a general that are impacted by their status. Where appropriate
practitioner, and 30 percent did not have a permanent we have extrapolated research findings that were not
place of residence (i.e. were homeless).54 exclusively focused on undocumented children, but
that did cover them implicitly (for instance, on the
No undocumented child or family is alike, and other impact of inadequate housing).
aspects of their lives also interact with factors not
BOX 1 Notes on resilience
The detrimental effects of insecure residence status on mental and physical health will be mentioned
throughout this publication. However, it is crucial to underline the potential, resourcefulness and
adaptability of all children, once they are given the resources and environment needed to thrive and self-
actualise in.
Undocumented children and young people can be remarkably resilient and capable of amazing
achievements – not the least of which is navigating life without a secure residence status. However,
resilience55 is not innate to one child and absent in another. It is an ordinary adaptation to adversity or
potentially traumatic events given the right resources.
Resilience is based on interactions between the child and their environment. That environment can
include both risk, protective and mediating factors. A risk factor could be stress resulting from the threat
of deportation; a mediating factor could be the family’s resources and socio-economic status. Protective
factors could be a warm parent-child relationship or supportive friendships. Moreover, individual children
may be resilient to some risks, but not to others, and risk and protective factors do not have the same
effects in all conditions in everyone.
Undocumented children are not irrevocably limited or marked by their experiences, but they are harmed
in both the immediate and long-term by current policies and practices. If governments and society at large
provide these children with the start they need, they are able to live fulfilling lives and contribute to society
when they reach adulthood.
54 Study was conducted by surveying 267 undocumented adults who visited an Amsterdam health care clinic in 2016. Of the
adults, 30 percent responded that they had children, and 15 percent had one or more undocumented child living in the
Netherlands. Source: Klok-Nentjes S., Tramper-Stranders S.A., van Dam-Bakker E.D.M. & Beldman J.J., 2018, Undocumented
children in the Amsterdam region: an analysis of health, school and living circumstances, European Journal of Pediatrics, 177
(7), 1057-1062.
55 See a.o. Michael Rutter’s theory in Shean M., 2015, Current theories relating to resilience and young people: a literature review,
Victorian Health Promotion Foundation.
11Housing, inadequate housing and Against the odds
homelessness While undocumented parents do their utmost to
provide stable, quality housing to their children,
Where children live affects their present and future. they’re often unable to offer them the same as their
But whereas an adult usually does have some agency documented counterparts could.62 Undocumented
over their living situation, a child’s housing situation families tend to move frequently and often live in
depends to a very large extent on their parents’ crowded conditions, with all or several family members
or other people’s abilities to secure quality, safe sharing one room or by living with another family.63
and secure housing. This is invariably the case for
undocumented children, teenagers and young people Because of their irregular residence status, their
who depend on their parents, family members or the options are limited: if they work, undocumented
government’s56 will and capacity to provide housing or parents may experience exploitation and abuse in
shelter. the workplace, which often leads to underpayment,
late payments or no payments at all as workers.
If parents are unable to work, they mostly rely on
A definition of homelessness
material and financial support from friends and
The European Typology on Homelessness and housing
exclusion, ETHOS, defines the notion of “home” as
comprising three domains – the physical, social and
legal – the absence of which can be taken to delineate
homelessness. ETHOS57 states that “[h]aving a home
can be understood as: having an adequate dwelling (or
space) over which a person and his/her family can exercise
exclusive possession (physical domain); being able to
maintain privacy and enjoy relations (social domain) and
having a legal title to occupation (legal domain).” This
leads to the four main concepts of rooflessness,58
houselessness,59 insecure housing60 and inadequate
housing,61 all of which indicate the absence of a home.
Undocumented children’s experience with housing
and homelessness illustrates this continuum: some
are roofless, others sleep inside, either with friends,
in squats or temporary shelters, and yet others, more
often those living with their parent(s), live in a relatively
stable house or apartment, but one that is too small
or inadequate in some other way.
56 Amongst others, but not only, when they are unaccompanied.
57 European Federation of National Associations Working with the Homeless (FEANTSA), n.d., ETHOS – European Typology of
Homelessness and housing exclusion.
58 Rooflessness includes people living rough or in emergency accommodation.
59 Houselessness includes people living in accommodation for homeless people, in women’s shelters, in accommodation for
migrants (reception centres, for instance), and people who are soon to be released from an institution (e.g. prison).
60 Insecure housing includes longer-term housing designed for homeless people, living with friends or friends, without legal
(sub)tenancy, or occupying land, living under threat of eviction or violence.
61 Inadequate housing includes living in temporary or non-conventional structures, in unfit housing or in situations of
extreme over-crowding.
62 See some examples in Bloch A., Sigona N. & Zetter R., 2014, No Right to Dream: the social and economic lives of young
undocumented migrants in Britain, Paul Hamlyn Foundation.
63 Kromhout M., Reijersen van Buuren A. Kloppenburg R., van Doorn L. & van Os C., 2014, Kinderen buiten beeld. Een
onderzoek naar de woon- en leefsituatie van ongedocumenteerrde kinderen, Hogeschool van Utrecht, Defence for Children
and Stichting LOS.
12NAVIGATING IRREGULARITY: THE IMPACT OF GROWING UP UNDOCUMENTED IN EUROPE
family to sustain themselves.64 Due to their irregular “[C]hildren’s health is especially vulnerable to poor
status, undocumented parents are not eligible for housing conditions for several reasons. Not only is
allowances, such as unemployment assistance or children’s exposure usually higher in terms of time spent
minimum income, throughout the EU. indoors, but children have much higher respiratory
rates relative to their body weight than adults, and their
The country they live in may criminalise landlords behaviour differs with more time spent on the floor and
who rent to undocumented people. Migrants also placing objects in their mouths. Moreover, their immune
generally have a tougher time finding quality rental systems and metabolic capacities are less developed
properties65 due to discrimination.66 Undocumented and they have fewer opportunities to actively influence
tenants are often unable to access existing complaint their environment. The home environment during early
mechanisms to hold landlords to account and life is thus an important source of exposure to chemical,
undocumented parents/children may be excluded biological, and physical agents.”
from emergency accommodation, shelter and social
housing schemes.67 For many, the only option is A child’s risk of ill-health and disability increases by up
paying high rents for properties in poor, unhealthy to 25 percent during childhood and early adulthood
and unsafe condition.68 when they experience multiple housing problems.70
There is a correlation, for instance, between
dampness and asthma, mould and headaches,71
The impact of housing
mould and diarrhoea, headaches and fever72 and
There are at least four areas in which housing between overcrowding and respiratory ill-health,
conditions influence children’s lives and well-being: infectious diseases and slow growth.73 These, in turn,
their physical health, their mental health, their can lead to sleep loss, restrictions on children’s daily
education and their social life. activities, and absence from school, which have long-
term consequences for a child’s development.74
Health needs are common among children
experiencing homelessness and vary according to the Although children experiencing poor mental health
living situation. As Swedish researchers69 explain: cannot be attributed to housing conditions alone,
64 See Schockaert I., I. Nicaise I., 2011, De leefomstandinghen van dak- en thuislozen en van mensen zonder wettelijke
verblijfsvergunning: eerste resultaten, HIVA; Kromhout M., Reijersen van Buuren A., Kloppenburg R., van Doorn L. & van Os
C., 2014, Kinderen buiten beeld. Een onderzoek naar de woon- en leefsituatie van ongedocumenteerrde kinderen, Hogeschool
van Utrecht, Defence for Children and Stichting LOS.
65 This may mean that they have to rent a hovel. For instance, 31 per cent of inhabitants of “krotwoningen” (literally, slum
dwellings) in Flanders, Belgium, in 2016 were third country nationals – mostly from Afghanistan, Serbia and Morrocco. At
the time, they paid 517 euro monthly for an apartment or studio or 347.73 euro monthly for a room with shared facilities,
on average. Source: Vlaamse Wooninspectie, 2017, Jaarverslag 2016: Woningkwaliteit en handhaving onder één dak.
66 This has been observed numerous times in numerous countries. E.g. Harrison M., Law I. & Phillips D., 2005, Migrants,
Minorities and Housing: Exclusion, Discrimination and Anti-discrimination in 15 Member States of the European Union,
European Monitoring Centre on Racism and Xenophobia; DW, 29 January 2020, Migrants face housing discrimination in
Germany [checked on 26 March 2020]; RTE, 15 August 2019, Migrants face discrimination in rental housing market – Charity
[checked on 26 March 2020].
67 PICUM, 2014, Housing and Homelessness of Undocumented Migrants in Europe: Developing Strategies and Good Practices to
Ensure Access to Housing and Shelter.
68 Kinderrechtencommissariaat, 2016, (N)ergens kind aan huis: Dak en thuisloosheid vanuit kindperspectief, Dossier; MO*, 26
June 2019, Zonder wettig verblijf mag je van Appeltans in de gang slapen [checked on 13 January 2021].
69 Oudin A., Richter J.C., Taj T., et al., 2016, Poor housing conditions in association with child health in a disadvantaged immigrant
population: a cross-sectional study in Rosengård, Malmö, Sweden, BMJ Open.
70 Such as bad housing conditions, overcrowding, etc. Harker L., 2006, Chance of a lifetime: The impact of bad housing on
children’s lives, Shelter.
71 Oudin A., Richter J.C., Taj T, et al., 2016, Poor housing conditions in association with child health in a disadvantaged immigrant
population: a cross-sectional study in Rosengård, Malmö, Sweden, BMJ Open.
72 Wilkinson D., 1999, Poor housing and ill health: a summary of the research evidence, Scottish Office Central Research Unit,
Edinburgh; Baker D., Taylor H. & Henderson J., 1998, Inequality in infant morbidity: causes and consequences in England in the
1990s, Journal of Epidemiology and Community Health, 52(7), 451-458.
73 Harker L., 2006, Chance of a lifetime: The impact of bad housing on children’s lives, Shelter.
74 Ibid.
13mental health problems are more prevalent among the canal.” 76 Of the 58 homeless migrant children
homeless children compared to their non-homeless surveyed by Refugee Rights Europe in Paris in January
peers. For instance, children who have been in 2018, 44.8 percent said they “don’t feel safe” or “don’t
temporary accommodation for more than a year are feel safe at all.” Two of them had seen another migrant
over three times more likely to demonstrate mental die while in Paris.77
health problems such as anxiety and depression.75
A child’s housing situation also impacts their
Unaccompanied children in France, for example, education: homeless children have lower levels of
testified of the fear and fatigue caused by academic achievement that cannot be explained
homelessness: “I wanted to go to sleep at Gare du by differences in ability.78 One key factor seems to
Nord [train station in Paris], but there are people who be frequent moves: unstable living situations often
drink alcohol or take drugs. So I’m afraid to stay there, lead to children changing schools or even stopping
that’s why I sleep at République [metro station], near school altogether for short periods, which inevitably
BOX 2 Homeless in France
Although no residence requirements apply to children in France,79 and thus children cannot technically be
undocumented in France, they can and do find themselves in situations which equate to being undocumented. One
way this happens is by carrying out low-quality age assessments of unaccompanied children which deem applicants
are adults for arbitrary reasons.80
Fallen between the gaps
Even though unaccompanied children81 in France should be taken care of by child protective services, 82 countless83
find themselves homeless and without any help, either because the relevant department says there is no room, or
because the child is determined to be an adult by an often-arbitrary age assessment.
In the latter case, they find themselves in a “neither-nor-situation”: they can neither access the housing, support
and legal guardian they are entitled to as children, nor can they access services as adults when they have either lost
or been deprived of their identity documents or because the documents state they are children and (adult-only)
services refuse them assistance.
These children find themselves in a state of acute precarity: more than half of the unaccompanied children Médecins
du Monde France assists are homeless and have no way of supporting themselves.84 A similar number (51 percent
homeless) is seen by Médecins Sans Frontières in their centres in Pantin and Neuilly Plaisance (Île de France).85 These
children are extremely vulnerable to violence and exploitation: 20 percent of the children seen by the centre in Pantin
had experienced violence, torture or maltreatment since their arrival in France.86
75 British Medical Association, 2003, Housing and health: building for the future, British Medical Association.
76 Médecins sans Frontières 2019, Les mineurs non-accompagnés: symbole d’une politique maltraitante.
77 Refugee Rights Europe, 2018, Still on the Streets : Documenting the situation for refugees and displaced people in Paris, France.
78 Harker L., 2006, Chance of a lifetime: The impact of bad housing on children’s lives, Shelter.
79 For more information, see PICUM, 2018, Manual on regularisations for children, young people and families.
80 On the quality of age assessment procedures in different French departments, see for example Bochenek M.G., 2018,
Protection of Migrant Children: the Shameful Parisian Lottery, Human Rights Watch; Human Rights Watch, 4 July 2018, France:
Child Migrants Left Adrift in Paris; Human Rights Watch, 2019, Subject to Whim: The Treatment of Unaccompanied Children in
the French Hautes-Alpes.
81 Those declaring to be unaccompanied children and who must undergo a (departmental) age assessment should receive
at least five days of housing by that department. Source: République Française, Code de l’action sociale et des familles
Conditions d’évaluation de la situation des mineurs privés temporairement ou définitivement de la protection de leur famille
(Articles R221-11 à R221-12).
82 Both under the “aide sociale à l’enfance” legislation (République Française, Code de l’action sociale et des familles: Chapitre
Ier : Service de l’aide sociale à l’enfance. (Articles L221-1 à L221-9)) and under the law on the protection of childhood
(République Française, LOI n° 2007-293 du 5 mars 2007 réformant la protection de l’enfance).
83 The 100 departments of France are each responsible for the unaccompanied children living on their territory, making for
a checkered map, and compiling data difficult if not impossible.
84 Médecins du Monde, n.d., Notre action pour les mineurs non accompagnés.
85 Médecins sans Frontières, 2019, Les mineurs non-accompagnés: symbole d’une politique maltraitante.
86 Ibid.
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